RESOLUTION 2010-4

A RESOLUTION EXPRESSING THE INTENT AND DESIRE OF THEJOHNSON CITY COUNCIL TO ENTER INTO AGREEMENT WITHTHE CITY OF FAYETTEVILLE FOR WATER AND SEWER SERVICESTO SOUTH JOHNSON AND WHEREBY A PORTION OF SOUTHJOHNSON WILL BE DEANNEXED FROM JOHNSON AND ANNEXEDTO THE CITY OF FAYETTEVILLE AND WHEREBY THE CITIES OFJOHNSON AND FAYETTEVILLE AGREE TO ONLY ALLOW FUTUREANNEXATION OF LANDS FORMERLY WITHIN THE OTHER CITYWITH CONSENT AND APPROVAL OF CITY COUNCIL OF THEOTHER CITY.WHEREAS, one or more property owners of lands in south Johnson desire to deannexfrom the City of Johnson and annex into the City of Fayetteville.WHEREAS, one of those property owners has filed a lawsuit seeking to have the Courtdeclare their right to deannex from Johnson and annex into Fayetteville.WHEREAS, the City of Johnson desires to negotiate and enter into a contract with theCity o Fayetteville whereby Fayetteville would provide potable water and sanitary sewer servicesto the area of Johnson south of Clear Creek in accordance with the agreement between the Cityof Fayetteville and Beaver Water District.WHEREAS, the City of Johnson, the City of Fayetteville and the parties to theaforementioned lawsuit all desire to resolve these issues by compromise and agreement.BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:Section 1: That the City Council intends to authorize, by ordinance or otherwise, toallow approximately 99 acres of land to deannex from the City of Johnson and annex into theCity of Fayetteville pursuant to the attached map.Section 2: That concurrent with the foregoing, the City shall enter into a contract forthe City of Fayetteville to provide potable water (for household and municipal uses) along withsanitary sewer services to residents, citizens and developers in Johnson where the property liessouth of Clear Creek (excepting those areas served by Springdale) withdevelopment/infrastructure requirements substantially in accord with similar utility uses inFayetteville and rates equivalent with other non resident Fayetteville customers in Johnson.Section 3: That Johnson will enter into an agreement, by ordinance or otherwise,which will provide that neither Johnson nor Fayetteville will hereafter accept a request/petitionfor annexation of lands that were formerly within the city limits of the other city unless the CityCouncil of both cities are in agreement with the process and procedure.Section 4: That the aforementioned deannexation/annexation process will result in aneasily discernable boundary between Johnson and Fayetteville, and that wherever that boundaryinvolves a public street clear responsibility for police patrol, maintenance and repair of suchstreet shall be set forth.Section 5: That an agreement shall be prepared and executed between the City ofJohnson and the City of Fayetteville which provides that emergency response by the Johnsonpolice and fire departments shall be allowed to run in emergency mode across existing and futurestreets and ways within Fayetteville which connect Gregg Street/Ball Street to Maguire Street.Section 6: The Council will consider entering into an agreement with Fayetteville toprovide for a sale of certain land which was acquired from David McClinton in an action foreminent domain in 2009(same and except any portion lying in the right of way of MaguireStreet) for the price paid by the City of Johnson; at the time of the deannexati on/annexationprocess the City of Johnson agrees to accept a one-time payment from Fayetteville of $35,000.00to offset the loss of future sales tax revenues in the subject area.Section 7: That at such time as Fayetteville extends Van Asche from Gregg Streetwest to Hwy. 112, the City of Johnson will cooperate with Fayetteville concerning the necessaryright of way within the City of Johnson from Maguire Street to Flwy. 112.